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Nick Fuentes Jan 6 Cmte Transcript

Nick Fuentes Jan 6 Cmte Transcript

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Nick Fuentes Jan 6 Cmte Transcript

Nick Fuentes Jan 6 Cmte Transcript

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10 ul 2 3B 14 45 16 v 18 1s 20 24 SELECT COMMITTEE TO INVESTIGATE THE JANUARY 6TH ATTACK ON THE U.S. CAPITOL, U.S, HOUSE OF REPRESENTATIVES, WASHINGTON, D.C. DEPOSITION OF: NICHOLAS J. FUENTES Wednesday, February 16, 2022 Washington, D.C. The deposition in the above matter was held via Webex, commencing at 2:11 p.m, Present: Representative Kinzinger. 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 Appearances: For the SELECT COMMITTEE TO INVESTIGATE ‘THE JANUARY 6TH ATTACK ON THE U.S, CAPITOL: HE ° 20 ESsi0NAL STAFF MEMBER TE © 0 ssionar stare memaer INVESTIGATIVE COUNSEL PROFESSIONAL STAFF MEMBER SENIOR COUNSEL & SENIOR ADVISOR INVESTIGATIVE COUNSEL INVESTIGATIVE COUNSEL SENIOR TECHNICAL ADVISOR INVESTIGATIVE COUNSEL For the WITNESS: THOMAS ANTHONY DURKIN, ESQ. JULIA DRATEL, PARALEGAL NICHOLAS ATHENSON, LAW CLERK Durkin & Roberts: The Rookery Building 209 S. LaSalle St., Suite 950 Chicago, IL 60604 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 HE © 0 00 the record at 2:10 pm. easter, Mr. Durkin, Let me ask this. | just got this voice message that said this meeting is being recorded, which is fine with us, Does that mean we will get a copy? | Yes, and you'll get a copy of the transcript. Mr. Durkin, Okay. But, that way, Julia won't have to kill herself taking every ~- dot every ior cross every t, right? Mr. Durkin, Okay. HE icy. shanes, tom, Good afternoon. This is the deposition of Nicholas Fuentes, conducted by the House Select Committee to Investigate the January 6th Attack on the United States. Capitol pursuant to House Resolution 503 This will be a staff-led deposition, though members may choose to ask questions. At this time, I'd ask the witness to please state your full name and spell your last name for the record. The Wi Okay. Nicholas J. Fuentes. And my last name is F-u-e-n-t-e-s. The Witness. That's my middle initial. The Witness. Joseph. Mr. Fuentes, my name II an an investigative counsel with the select committee. With me from the select committee staff are [EEE senior counsel and 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 senior advisor counsel; HE :'<:siona1 staff member; EEE vestigative counsel; think that's everyone. | apologize if | left anyone off. In addition, there are the following members in attendance: | Mr. Adam Kinzinger. Under House deposition rules, neither committee members nor staff may discuss the substance of the testimony today unless the committee approves release. You and your counsel will have the opportunity to review the transcript. Note that, under House rules, you may have your attorney present but counsel for other individuals or attorneys from other government agencies may not be and therefore are not present. | would like to note for the record that what has been previously marked as exhibit 1 is the select committee's January 19th, 2022, subpoena for Mr. Nicholas J. Fuentes. The House deposition rules are included in this exhibit. At this time, could counsel please state their name for the record? Mr. Durkin, Tom Durkin for the witness. attending with you? Mr. Durkin, Yes. PIS 22% sess insctce hem as wet? Mr. Durkin, My paralegal, Julia Dratel, is on the Idon't know if you can see her ornot. can't. And my law clerk, Nicholas Athenson, is also on. There is an official reporter transcribing the record of this deposition. Please 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 wait until each question is completed before you begin your response, and we'll try to wait until your response is complete before we ask our next question The stenographer can't record nonverbal responses such as shaking your head, so it's important that you answer each question with an audible, verbal response. Do you understand? The Witness. Yes. HE Fh 2rk you We ask that you provide complete answers based on the best of your recollection. If the question is not clear, please ask for clarification, and if you don't know the answer, please simply say so. You may only refuse to answer a question to preserve a privilege that's recognized by the select committee. If you refuse to answer a question based off of a privilege, staff may either proceed with the deposition or seek a ruling from the chairman on the objection. If the chairman overrules such an objection, you're required to answer the question. | also want to remind you that it's unlawful to deliberately provide false information to Congress. Providing false information could result in criminal penalties for perjury and/or providing false statements, including under 18 U.S.C. section 1001, which makes it illegal to provide a false statement in a congressional investigation. That being said, to be clear, this is a congressional investigation, not a criminal investigation. This proceeding is separate and distinct from any current criminal proceeding by the United States Department of Justice. Do you have any questions about what | just said, Mr. Fuentes? The Witness. No. PEE -.'22'stcay, please tet us know ityou need any breaks. | just 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 simply ask that, if you request a break, you answer the question that's pending before we break. If you don't understand a question, please simply ask me to restate it or clarify it. We aren't trying to trick you today, so if there's a question you don't understand, I'm more than happy to clarify it. Finally, I'l note that I'l be leading our conversation today but occasionally other staffers or even members may join in, and as members join, | will announce that they've joined the meeting. So, because this deposition is under oath, would you please raise your right hand to be sworn by the reporter? The Reporter. Do you solemnly declare and affirm under the penalty of perjury that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth? The Witness. Yes. This is the subpoena that was issued by the select committee to Mr. Fuentes on January 19th, 2022. _|'ll note that the exhibit contains the subpoena itself, a cover letter from the chairman, a document schedule with production instructions, and a copy of the House rules and regulations regarding conducting depositions. EXAMINATION = Qa Mr. Fuentes, could you please confirm that this subpoena is addressed to you? A Yes. 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 a And you understand that you're appearing here today pursuant to this subpoena, correct? A Q Yes. Thank you. We can take the exhibit down, So, Mr. Fuentes, I'd like to start with some really basic information to learn a little bit more about you. Can you tell me a little bit about yourself and where you grew up? A Sure. | grew up in La Grange Park, Illinois. I've lived there my whole And now I'ma livestreamer for a living. Qa A Q Great. And are you still in La Grange, Illinois? No. 1am in Berwyn, Illinois, now. Great. Can you tell me about your educational history? A Yes. I went to Boston University for two semesters in 2016 and '17, and then | got an associate's degree from College of DuPage. | believe | completed that in 2019. Qa Great. Thank you Have you ever served in the military? A a > Q A Q No. Have you ever been employed by an office of government? No. Have you ever held elected or appointed office in government? No. Have you ever received grant money or a contract from an office of government? 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 A No. Mr. Durkin. [IRI could interject and just ask a point of procedure? As you know from our correspondence in response to your subpoena, under my advice he's going to assert the Fifth Amendment privilege against self-incrimination, If l were there in person ~ he has a sheet that he will read from ~ | would simply point to that and, you know, nod my head or something. | don’t want to interfere, but I'm going to advise him to answer that question with what | advised him to say. And | don't know you want to handle that. | think, for the sake of time, you know, if we have an ~| would recommend we have an understanding that if | think there's a question he should answer, | would say so, but, otherwise, from this point on, | believe, based on where your questions sound like they're going to go, 'm going to recommend he take the Fifth Amendment. TR ©). you know, we can ~ my planis to proceed with the questions, and if you or Mr. Fuentes have objections, we can take a pause and you can either advise him to raise an objection at that time or Mr. Fuentes can raise the objection himself if he'd like to. And then | would ask that you explain -- I don't know what the script says, but we do request an explanation for why the privilege is being raised. Does that sound okay, Mr. Durkin? Mr. Durkin, Well, but no, that doesn't. Thatis disturbing to me. | already told you why he's -- why 'm recommending that he take the Fifth Amendment. I've provided you that basis in the correspondence, | don't -- I mean, is my correspondence part of the exhibits that you have? Mr. Durkin. | don't think it's necessary for me to restate it if itis in the record. 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 But, as you know, he has been told he is a subject and possibly a target of a Federal criminal investigation being conducted by the United States Attorney's Office for the District of Columbia. They confirmed that same status, as you know, quite recently, so ~-and, as I've told you, | think that's unfortunate, because, otherwise, he would be willing to testify. But the questions ~| just think it's an impossible situation that he's in, in light of the pending grand jury investigation. So I don't want any of the committee to think we're trying to be disrespectful or anything else. You know, we have respect for the committee. But that's my advice. So, I mean, | don't consider taking a privilege to be an objection, you know. He has — | Absolutely. And | think you very helpfully just laid out the basis for situations in which Mr. Fuentes might raise a privilege in response to a question. So that was helpful, and thank you for doing that. Mr. Durkin, Okay. | And, just to clarify, | had asked if Mr. Fuentes had ever received grant money or a contract from an office of government. Are you raising a privilege in response to that question? Mr. Durkin, No, 'll let him answer that. Next ~ but go ahead. Next question And I believe the answer was no, correct, Mr. Fuentes? Mr. Durkin. _| think he already -- he already answered it no, | believe, right? The Witness. Correct. 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 10 | a Q Mr. Fuentes, are you currently employed? A Uh- Mr. Durkin, Nick. The Witness. Upon the advice of counsel and in reliance upon the Fifth Amendment to the Constitution of the United States, | most respectfully refuse to answer that question on the grounds that it might tend to incriminate me. a Q Okay. Mr. Fuentes, what's your source of income? A Upon the advice of counsel and in reliance upon the Fifth Amendment to the Constitution of the United States, I most respectfully refuse to answer that question on the grounds that it might tend to incriminate me. Q_— Mr. Fuentes, do you have a role in the America First Foundation? A Upon the advice of counsel and in reliance upon the Fifth Amendment to the Constitution of the United States, | most respectfully refuse to answer that question on the grounds that it might tend to incriminate me. Mr. Fuentes and Mr. Durkin, | have a series of questions related to Mr. Fuentes’ involvement with the America First Foundation. Is it your intention to assert the Fifth Amendment in response to any question the committee might have about your involvement with the America First Foundation? Mr. Durkin, Yes. The Witness. Yes. Mr. Durkin, Yes, a 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 1 Q Okay. Mr, Fuentes, you run the America First Political Action Conference, correct? A Upon the advice of counsel and in reliance upon the Fifth Amendment to the Constitution of the United States, | most respectfully refuse to answer that question on the grounds that it might tend to incriminate me. Q Mr. Fuentes, when was the first conference held? A Upon the advice of counsel and in reliance upon the Fifth Amendment to the Cons ution of the United States, | most respectfully refuse to answer that question on the grounds that it might tend to incriminate me. Q_ Mr. Fuentes, | have a series of questions related to your involvement with the America First Political Action Conference. Is it your intention to assert the Fifth Amendment in response to every question the committee might have related to that conference? A Yes. Q_— Mr. Fuentes, do you hold positions of leadership in any other organizations or corporate entities? A Upon the advice of counsel and in reliance upon the Fifth Amendment to the Constitution of the United States, | most respectfully refuse to answer that question on the grounds that it might tend to incriminate me. Q Mr. Fuentes, is there any kind of membership structure or dues-paying structure for people who say that they're affiliated with the America First movement? A Upon the advice of counsel and in reliance upon the Fifth Amendment to the Constitution of the United States, | most respectfully refuse to answer that question on the grounds that it might tend to incriminate me. Q Thank you, Mr. Fuentes. 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 2 ; | Mr. Durkin, if | might suggest something for the sake of expediency. | don't think it's necessary for Mr. Fuentes to state his full statement each time. If he wants to say "Fifth Amendment," that should be sufficient. Mr. Durkin, That's fine ; We'll -- with the understanding that that is shorthand for his full statement, Mr. Durkin, That's fine. a Q_— Mr. Fuentes, do you maintain a membership list? A Fifth Amendment. Q_— Mr. Fuentes, | have a series of questions related to the America First movement and the Groypers and any sorts of membership structures or people who might be affiliated with those movements. Is it your intention to assert the Fifth Amendment in response to all questions the committee has related to those subjects? A Yes. Q_ Mr. Fuentes, did you hold any position in the Stop the Steal organization? A Fifth Amendment. Q Mr. Fuentes, can you describe your affiliation with the Stop the Steal organization or the individuals leading it? A Fifth Amendment. Q Okay. Mr. Fuentes, what social media platforms do you currently use? A Fifth Amendment. Q_— Mr. Fuentes, what platforms have you previously used? A Fifth Amendment. 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 13 Q Mr. Fuentes, | have a series of questions related to your use of social media, setting the issue of livestreaming aside. Do you have ~is it your intention to assert the Fifth Amendment in response to all questions the committee has related to your social media usage? A Yes. Q Thank you. Mr. Fuentes, | understand from a letter from your attorney that you claim to be on. the no-fly list. What are the issues that you've encountered while traveling? A Fifth Amendment. Q Okay. Mr. Fuentes, when did those issues start? Fifth Amendment. Q_— Mr. Fuentes, | have a series of questions related to your assertion that you're on the no-fly list. Is it your intention to assert the Fifth Amendment in response to all questions the committee has on that subject? A Yes. Q Thank you. Mr. Fuentes, I'd like to move into your use of livestreaming. Which livestreaming, platforms have you used? A Fifth Amendment. Q_ Mr. Fuentes, are you currently livestreaming? Fifth Amendment. Q Mr. Fuentes, have you ever had your own proprietary livestreaming software? A Fifth Amendment. Q How would you describe the content of what you livestream? 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 14 A Fifth Amendment. 2 Do you save your livestreams? > Fifth Amendment. Q —_Doyou maintain an archive of all of your livestreams? A Fifth Amendment. | Mr. Durkin, | understand that Mr. Fuentes maintains at least some of his videos on his website, nicholasjfuentes.com. It appears to be publicly available, but it’s behind a paywall. I'd lke to discuss a way for the committee to get the videos that are available on that website that are behind the paywall. Is that something that Mr. Fuentes would be able to transmit to the committee? Mr. Durkin, I'd like to discuss it with him. I'm not aware of that, but, you know, it~ that may be. Okay. Well Mr. Durkin, | mean, I'm not quite sure | understand. Are you saying that you want us to save you the cost of it? | mean, is it not something you can get to with a --I'm not sure what the question is. HR |=» asking whether you can produce the videos that Mr. Fuentes has made available to people who pay on his website. Mr. Durkin, You don't want to pay. Is that it? I'm just joking. That's a joke. Let me talk tohim. We can --| don’t see a problem with that, but I'd like to discuss it with him. TR 8 cht. thankyou. And, you know, to the extent that those actual videos fall into one of the items within the production schedule, he's required to produce them pursuant to the subpoena. But we can discuss that after the deposition, 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 15, Mr. Durkin, Okay. ov Q Mr. Fuentes, do you make money from livestreaming? A Fifth Amendment. Q Mr. Fuentes, I'd like to return to one of my questions. Are you currently livestreaming this deposition? A Tom, can | answer this? Mr. Durkin, Not without talking to me. Can | talk to him HEE Sc. 1f you want to mute and stop your video, we can go off the record briefly, and you can call each other or communicate however you'd like. Allright. We'll go off the record at 2:31 p.m. [Discussion off the record.] HEI 2s 200 eect 232m Mr. Fuentes, | had asked if you're currently livestreaming this deposition. Mr. Durkin, And I'll represent to you that he is not HR 02). thank you. Mr. Durkin, I'd like to understand the breadth of Mr. Fuentes' assertion of the Fifth Amendment. For example, | asked if he currently livestreams as a general matter. \'m not sure | understand why that would tend to incriminate him, Mr. Durkin, | think it could be a piece of evidence that could be used in the building block or the chain theory, that it's an admission that he does certain things, which would be a step towards some other piece of proof. a Durkin, I'm not sure, if Mr. Fuentes' livestreams are available online, why it would tend to incriminate him to answer the question of which 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 16 livestreaming platforms does he use or has he used. Mr. Durkin. Well, we've had this conversation i One, frequently, government attorneys take the position that answering any question then constitutes a waiver, any substantive question. And | think those are substantive questions. | don't — I'll simply stand on my advice to him. _| think it's a — | don't want there to be a waiver, and | don't want there to be -- | don't want there to be any suggestion of a waiver. HE | ster 2 time period over which you're asserting Fifth Mr. Durkin, I'm not sure | understand that question. TE sk about or. Fuentes’ activities in early 2020 oF prior to \criminate that, is it your assertion that even answering those questions would tend him? Mr. Durkin, | think it's certainly feasible it could be. It's my understanding from at least some charges that have already been brought that the government is investigating and bringing charges against people for conspiracy that begins, you know, well before some of those dates. So, | mean, yes, that would still be my advice. So a Mr. Fuentes, is livestreaming your primary source of income? Fifth Amendment. DD Can you give us an estimate of how much you make? A Fifth Amendment. Q Mr. Fuentes, you livestream on January 6th? 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 7 A Fifth Amendment. Q Did you make money off of those livestreams? A Fifth Amendment. Q_ Mr. Fuentes, where do you currently bank? A Fifth Amendment. Q_— Have you ever been removed from a bank? A Fifth Amendment. | Well, Mr. Durkin, on that note, you have provided that information, at least some of it, in a letter provided to the committee. So | don't see why Mr. Fuentes would be prevented from answering that. You noted that - Mr. Durkin. TE ~ 05 8204 of america creat cards were canceled, correct? Mr. Durkin. I've already given you that answer. | mean, the committee has Well, the document — that information, So don't - | | guess I'm not understanding the scope of Mr. Fuentes’ assertions if you've provided some information in a letter and he's raising the Fifth Amendment now in response to a similar question. Mr. Durkin, What was the question again? | Has he ever been removed from a bank or has his account ever been removed from a bank? Mr. Durkin, Well, | think | told you in the letter that he received word that two credit cards at the Bank of America were -- two credit card accounts were removed or canceled or whatever you want to say, whatever I said in the letter, and that he understands that they are also going to cancel the account. | don't think | said that the account had been canceled. 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 18 understanding is that it will be? Mr. Durkin, That's what it was at the time | wrote the letter. I haven't asked him about it since, but ~ is that a correct understanding, Nick? The Witness. So am | permitted to explain here on this one? Mr. Durkin, Well--| mean, I'm certainly willing to provide that information to the committee. | just don't know that | want him to answer the question J HE 02). We can follow up, and maybe you can provide that information in writing? Mr. Durkin, Yes. — Mr. Fuentes, where did you bank from the period of September 2020 through the end of January 2021? A Fifth Amendment. Q Does the America First Foundation have a master bank account as an organization? A Fifth Amendment. Q Who has control over that bank account, ifit exists? A Fifth Amendment. Q Mr. Fuentes, is the website nicholasifuentes yours, nicholasifuentes.com? A Fifth Amendment. Q You sell merchandise that has the America First branding or the AF logo on your website. Are you the one who runs those sales? A Fifth Amendment. Q —Doyou make a profit from those sales? 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 =) = =D) a 19 Fifth Amendment. Do you maintain any other online stores? Fifth Amendment. Mr. Fuentes, what payment processors do you currently use? Fifth Amendment. Have you been removed from any payment processors? Fifth Amendment. Mr. Fuentes, did you fundraise for the America First Foundation or any other organization that you have a leadership role in in the period prior to the 2020 election? A a A Qa A Q A Qa Fifth Amendment. Did you fundraise for the Trump campaign? Fifth Amendment. Did you fundraise for any grassroots efforts to elect Trump? Fifth Amendment. Did you fundraise for any other candidates for the 2020 election? Fifth Amendment. Mr. Fuentes, | have the same questions for the period between the election and January 6th, did you fundraise for any of those organizations or campaigns or candidates. questions? A Q A Q pitches? Is it your intention to assert the Fifth Amendment in response to those Yes. Mr. Fuentes, have you ever received donations in kind? Fifth Amendment. Have you ever used the events of January 6th in any of your fundraising 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 20 A Fifth Amendment. Q Do you currently have a person in charge of maintaining the America First Foundation finances or the finances of any other organization you have a leadership role in? A Fifth Amendment. Q Mr, Fuentes, I'd just like to return to the question | raised earlier. Are you recording this deposition in any way? The Witness. Tom, can answer this one? Mr, Durkin. Not without speaking to me. The Witness. All right. Then Fifth Amendment. Mr. Durkin. Well, don't know that we need to take the Fifth Amendment. Can we just speak briefly, i? Tes. we'll go off the record at 2:40 p.m, [Discussion off the record.] Re"! co on the record at 2:41 p.m, Mr. Durkin. [REE "1 represent to you that he is not otherwise recording | And has not since the beginning of the deposition? Mr. Durkin, Yes. Yes, that's true. ; Great. Thank you. ae Mr. Fuentes, in December 2020, a French computer programmer transferred this. 13.5 bitcoin, which was at the time worth around $250,000, to you and another about $25,000 worth of bitcoin to Patrick Casey. Did you know the donor? 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 21 A Fifth Amendment. HE 1. Durkin, you sent the committee a letter on February 2nd with an attached letter from the D.C. U.S. Attorney's Office that was sent to Bank of America requesting that they unfreeze Mr. Fuentes’ accounts concerning the bitcoin transfer. So, in light of that letter, I'm struggling to understand why Mr. Fuentes would raise the Fifth Amendment in response to questions about the bitcoin transfer. Mr. Durkin. Well, I'd suggest you direct that question to the U.S. Attorney's Office. | would've ~ | would've thought, in light of that, we might have gotten word that he is no longer a subject of the investigation, but that's not what they said. So | don't know why they continue to think he's a subject, but that's ~ | can't answer that for you. I don'tknow. But that apparently -- my only guess is that freezing an asset is one thing; indicting somebody is another. And that would be my guess. a ' Q_ Mr. Fuentes, to your knowledge, did Patrick Casey know the donor? A Fifth Amendment. Q__ Did you read the donor's last note that he left? Fifth Amendment. Q He offered some reasons as to why he was donating the money. What did you think of it? A Fifth Amendment. Q__ Did you know any of the other recipients of the man's bitcoin donation? A Fifth Amendment. Q Did the donor convey particular wishes as to how the money would be spent to you? 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 2 A Fifth Amendment. Q How did you allocate the money? A Fifth Amendment. Q Mr. Fuentes, | have a series of questions regarding the bitcoin transfer and how you allocated and spent the money. _|s it your intention to assert the Fifth Amendment in response to all questions the committee has regarding the transfer and the way the money was spent? A Yes. QQ Thank you. He tre take a pause here before | move on to the next set of questions and see if any of my colleagues or any members who are present have questions. Okay. —_ Hearing none, Mr. Fuentes, can you describe your relationship with Patrick Casey? A Fifth Amendment. Q Was or is Mr. Casey an officeholder in any organizations you lead or led? A Fifth Amendment. Q__ Didhe have a role in any of the America First Political Action Conferences? A Fifth Amendment. Q Mr. Fuentes, | have a series of questions about your relationship with Patrick Casey. Is it your intention to assert the Fifth Amendment in response to all questions the committee has about that subject? A Yes. 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 23 Can you describe your relationship with Ali Alexander? Fifth Amendment. FD Was or is Mr. Alexander an officeholder in any organizations you lead? A Fifth Amendment. Q Did you have an official relationship with Mr. Alexander's organization Stop the Steal, LLC? A Fifth Amendment. Q Did Mr. Alexander invite you to speak at Stop the Steal rallies in November and December 2020? A Fifth Amendment. Q Mr. Fuentes, | have a series of questions regarding your relationship with Mr. Alexander. Is it your intention to assert the Fifth Amendment in response to all questions the committee has on that subject? A Yes. Q — Canyou describe your relationship with Alex Jones? A Fifth Amendment. Q Has Mr. Jones been involved in any formal way with any of your organizations? A Fifth Amendment. Q —Doyou have a business relationship with Mr. Jones? Fifth Amendment. Q Mr. Fuentes, | have a series of questions related to your relationship with Mr. Jones. Is it your intention to assert the Fifth Amendment in response to all questions the committee has on that subject? A Yes. 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 a 24 Mr. Fuentes, | have a series of questions regarding your relationship with the following individuals. Is it your intent ~I'll name them and then ask is it your intention to assert the Fifth Amendment regarding your relationship with these individuals. Roger Stone? A 2 Pp >op > >. Q Yes, Fifth Amendment. Brandon Straka? Yes. Kylie Kremer? Yes. Amy Kremer? Yes. Michael Flynn? Yes. Thank you, Mr. Fuentes, During the period before the 2020 election, were you in direct contact with any people employed by the Trump 2020 campaign? A a A a A Q Fifth Amendment. Were you in direct contact with anyone at the Trump White House? Fifth Amendment. Were you in direct contact with anyone in the Trump family? Fifth Amendment. During the period between the 2020 election and January 6th, 2021, were you in direct contact with anyone employed by the Trump 2020 campaign or the Trump White House or members of the Trump family? A Fifth Amendment. 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 25, Q Since January 6th, 2021, have you been in direct contact with anyone formerly employed by the Trump White House or members of the Trump family? A Fifth Amendment. Q During the period before the 2020 election, were you in direct contact with any Federal elected officials, including Members of Congress? A Fifth Amendment. Q — Toyour knowledge, were any of your associates, including Patrick Casey, Jaden MeNi | or Michelle Malkin, in touch with any Federal elected officials during this period? A Fifth Amendment. Mr. Fuentes, | have the same set of questions for the period between the 2020 election and January 6th, 2021. Is it your intention to assert the Fifth Amendment in response to those questions? A Yes. Q Since January 6th, 2021, have you been in direct contact with any Federal elected officials, including Members of Congress? A Fifth Amendment. Q To your knowledge, were any of your associates in touch with any Federal elected officials during this time? A Fifth Amendment. | I'll pause there and see if any of my colleagues or any members who are on have questions. Okay. — Mr. Fuentes, what's your perception of the Proud Boys? 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 26 A Fifth Amendment. Q Doyou have a relationship with the organization or any leaders of the Proud Boys? A Fifth Amendment. Q Did you know their chairman, Enrique Tarrio? A Fifth Amendment. Q_— Mr. Fuentes, | have a series of questions related to your relationship, if any, with the Proud Boys or any of its leaders. Is it your intention to assert the Fifth Amendment in — [Audio interruption.) Qs Mr. Fuentes? A Yeah, you cut out there for a second Q_Illrestate it. My apologies. Mr. Fuentes, | have a series of questions related to your relationship, if any, with the Proud Boys and any of its leaders. Is it your intention to assert the Fifth Amendment to all questions the committee may have on that subject? A Yes. Q Mr. Fuentes, | have a set of questions related to your relationship, if any, with the Oath Keepers and any of its leaders. Is it your intention to assert the Fifth Amendment in response to all questions the committee may have on that subject? A Yes. Q Mr. Fuentes, are you familiar with groups that are affiliated with the Three Percent movement? A Fifth Amendment. Q Are you familiar with the American Phoenix Project or any of its leaders? 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 =) = a it's your intention to assert the Fi 7 Fifth Amendment. Are you familiar with the Georgia IlI% Martyrs? Fifth Amendment. Are you familiar with the Three Percent Security Force? Fifth Amendment. Mr. Fuentes, I'm going to read a list of names, and I'm going to ask whether fh Amendment in response to questions about your relationship with the people | name, and you can just say yes or no. Ryan Kelley? A Yes. Q Eric Braden? A Yes. Q Jeremy Liggett? A Yes. Q David Kuntz? A Yes. Q Jared Sisco? Yes. Q And, Mr. Fuentes, | have a series of questions about your relationship, if any, with the organization 1st Amendment Praetorian or any of its leaders or office holders. Is it your intention to raise the Fifth Amendment in response to all questions the committee may have on that subject? A Q Yes. Thank you. 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 28 have questions. Okay. — Q Hearing none, Mr. Fuentes, are you familiar with the protests against COVID lockdown measures in spring 2020? A Fifth Amendment. Q Mr. Fuentes, I'm just asking if you're familiar with the fact that those happened. A Fifth Amendment actually MMII +0, por sure understand he scope ofthe aseton here if I'm asking whether Mr. Fuentes was aware of things that happened in reality. Mr, Durkin, Well, first of all, the answer is obvious that, you know, everyone is aware of that, everyone that can read and has a brain, Ws the same issue theoretically, that might be a link to some -- | don't know. You just listed a number of and I'd rather not debate it. It's - you know, organizations. | don't know whether they're involved in anti-vaxxing or anything else, but I don't think he has to admit to anything that would provide a link in the chain of prosecution. 'llstand on that. MR oy. tran, urtin Mr. Durkin, And if | could -- and I'm not a civil lawyer, so | don't know exactly all the rules of depositions, but, you know, | just don't understand the relevance of that question to the committee, as to whether he would -- | would assume that they would know that he would be aware that there are people who take the position about anti-vaxxing. So, if | have to object on those grounds, | will, but | don't want to get into that, 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 29 because I'll get in over my head. TR © ¢!), ir. Durkin, 1 was asking a broad question to set the stage for more specific questions. I'd just ask -- Mr. Durkin, That's what | thought. PE — 22+ i c. Fucntes is going to assert the Fifth Amendment, that he does listen to each question and answer with "Fifth Amendment" appropriate or provide an answer. Mr. Durkin, That's fine. a Mr. Fuentes, did you participate in any of those COVID lockdown protests? A Fifth Amendment. Q Did you organize any of them? A Fifth Amendment. Q__ Did you encourage anyone else to go to those protests? A Fifth Amendment. Q_— Mr. Fuentes, I'm going to assert that over the summer there were protests and counter-protests following the killing of George Floyd and Breonna Taylor across the country. I'm not going to ask whether you were aware of those protests or counter-protests, but did you participate in any of them? A Fifth Amendment. Q_ Did you organize any protests or counter-protests during that time? A Fifth Amendment. Q__ Did you encourage others to go to those protests or counter-protests? A Fifth Amendment. Q Okay. 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 30 Moving ahead in time, Mr. Fuentes, ahead of the election, were you concerned about issues related to voter fraud? A Fifth Amendment. Q__ Ifyou had concerns, did you think that they were centered in particular areas? A Fifth Amendment. Q__ Did you take any action based off of any concerns that you might have had? A Fifth Amendment. Q Did you organize any poll-watching efforts? A Fifth Amendment. Q Do you believe the 2020 election was stolen from then-President Donald Trump? A Fifth Amendment. Q_ Mr. Fuentes, after the election, you traveled around the country to attend Stop the Steal events, as we understand it. When did you get connected with Stop the Steal? A Fifth Amendment. Q__ Did you know Ali Alexander beforehand? A Fifth Amendment. Q__ Did you know any other individuals affiliated with Stop the Steal? A Fifth Amendment. Q Mr. Fuentes, | have a series of general questions related to your involvement in rallies in November and December 2020 before | get into specific questions. But is it your intention to assert the Fifth Amendment in response to broad questions regarding your attendance or participation in rallies in November and December 2020? 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 31 A Yes. Q Okay. Well, I'd still like to ask about some specific events. On November 10th, 2020, you went to a rally at the Wisconsin State Capitol in Madison. | understand that you advertised the event on your Telegram the day before. Mr. Fuentes, why did you want to go to Wisconsin specifically? A Fifth Amendment. Q_ What was your role at the event? A Fifth Amendment. Q_ Mr. Fuentes, | understand that the day afterwards you went to a rally at the Michigan State Capitol in Lansing. Why did you want to go to Michigan specifically? A Fifth Amendment. Q What was your role at that event? A Fifth Amendment. Q__ Did you speak at that event? A Fifth Amendment. Q Mr. Fuentes, on November 14th, 2020, | understand you traveled to Washington, D.C, for the Million MAGA March. Why was it important for you to be at that event? A Fifth Amendment. Q Did you speak that day? A Fifth Amendment. Q What was your role at the event? A Fifth Amendment. Q Mr. Fuentes, between November 18th and 20th, 2020, you were at a series of events in Atlanta, Georgia, as we understand it. Why was it important for you to 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 32 demonstrate in Georgia? A Fifth Amendment. Q What was your role at the events? A Fifth Amendment. Q Did you organize any of the events? A Fifth Amendment. Q_— Mr. Fuentes, | have a series of questions related to your involvement and actions related to the November 18th through 20th rallies in Atlanta, Georgia. Is it your intention to assert the Fifth Amendment in response to all questions the committee may have on that subject? A Yes. Q Thank you. Mr. Fuentes, we understand that on November 29th, 2020, you spoke at another rally in Phoenix, Arizona, Why was it important for you to demonstrate in Arizona? A Fifth Amendment. Q_ What was your role at the event? A Fifth Amendment. Q_ Mr. Fuentes, | have a series of questions about your involvement with the event in Arizona. Is it your intention to assert the Fifth Amendment in response to all questions the committee may have on that subject? A Yes. Q Moving ahead to December, | understand that on December 6th, 2020, you spoke at a rally in Harrisburg, Pennsylvania. Why was it important for you to be in Pennsylvania? A Fifth Amendment. 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 33 What was your role at the event? A Fifth Amendment. Q Mr. Fuentes, | have a series of questions related to that event in Harrisburg, Pennsylvania. Is it your intention to assert the Fifth Amendment to all questions the committee may have on that subject? A Yes. Q Thank you. On December 12th, 2020, you attended events in D.C. and spoke to a crowd of supporters, as we understand it. Why was it important for you to be in D.C. for those events? A Fifth Amendment. Q_— Were you there as part of a specific rally or event? A Fifth Amendment. Q_— What was your role at the event? A Fifth Amendment. Q_ Mr. Fuentes, | have a series of questions related to your involvement and actions related to the events in D.C. on December 12th, 2020. Is it your intention to assert the Fifth Amendment response to all questions the committee may have on that subject? A Yes. Q Thank you. Mr. Fuentes, on January 4th, 2021, you made a few comments on your livestream. that I'd like to ask you about. (HR < 0016 we pull up exhibit No. 20? [Video shown.] 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 34 PI 022522 the aucio came through on that Could others hear that? The Witness. No. HE Thee 2ucic on this video is fairly low. I folks could turn up their volume. | just want to make sure if ~ see if it's a matter of volume or if the audio is not sharing, Let me try again. Mr. Di Where do we turn up the volume? lust the volume on your own computer. Mr. Durkin, Oh, Allright Let me try it once more and see if anyone can hear it. [Video shown.] Could anyone hear that at all? Mr. Durkin, Yes. The Witness. Yeah, | could hear it. Could the reporters hear that? The Reporter, Yes. HE ven you a Q Mr. Fuentes, can you explain what you meant in that clip? A Fifth Amendment. Were you aware at that time that many State officials around the country were receiving threats to their lives at that point? A Fifth Amendment. Q —_Doyou think your rhetoric contributed to the violent threats that officials were receiving? 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 35, A Fifth Amendment. Q Do you regret your comments? A Fifth Amendment. Q_— Mr. Fuentes, you post pretty regularly on Telegram, but from December 31st, 2020, to January 7th, 2021, there are no posts that are currently visible on your Telegram page. During the same period, Patrick Casey posted extensively, advertising the events of January Sth and 6th and offering logistical details to his followers. Did you post any similar content during that time? A Fifth Amendment. Q__ Did you repost any of Mr. Casey's content? A Fifth Amendment. Q Did you delete any posts on Telegram from that time period? A Fifth Amendment. Q Have you maintained any records of your deleted posts from that time period? A Fifth Amendment. Q —lapologize. Let me restate that. Have you maintained any records of posts from that time period if you deleted any? A Fifth Amendment. Mr. Fuentes, mo ig ahead to January Sth, 2021, which events did you attend on that day in Washington, D.C.? A Fifth Amendment. Q__ Did you livestream from any of the events on January Sth? A Fifth Amendment. 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 36 Did you make any speeches in Washington, D.C.? Fifth Amendment. FD Did you have any security with you at any point during that day? A Fifth Amendment. Q Mr. Fuentes, | have a series of questions related to your actions on January Sth, 2021. Isit your intention to assert the Fifth Amendment in response to all questions the committee may have on that subject? A Yes. Q_— Moving ahead to January 6th, 2021, did you make any speeches in Washington, D.C., on January 6th? A Fifth Amendment. Q Did you livestream from any of the events or at any point during the day on January 6th? A Fifth Amendment. Q__ Did you have security with you at any point that day? A Fifth Amendment. Q Mr. Fuentes, were you aware that there were individuals in the crowd who identified as America First supporters or Groypers or your supporters? A Fifth Amendment. Q Were you coordinating with any of those individuals? A Fifth Amendment. Q Mr. Fuentes, did you enter the Capitol Building? A Fifth Amendment. Q_— Were you outside the Capitol Building? A Fifth Amendment. 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 37 Q Did you make a speech outside the Capitol Building? A Fifth Amendment. Q Were you aware that people wearing America First-branded clothing or flags were inside the Capitol? A Fifth Amendment. Q Did you see people on the scaffolding outside the Capitol Building waving an America First flag? A Fifth Amendment. Q Were you aware that Baked Alaska was streaming from inside the Capitol? A Fifth Amendment. QB can we bring up exhibit 92 Mr. Fuentes, at 2:51 p.m. that day, you wrote, quote, "Glorious day," end quote, on Twitter. What did you mean? A Fifth Amendment. Q Where were you at the time? A Fifth Amendment. Q What was your understanding of what was happening around the Capitol or inside the Capitol at the time? A Fifth Amendment. 0 I out we bring up exhibit 102 Mr. Fuentes, t is a screenshot from a livestream that was shared on Twitter. ‘Some people have suggested that's you on the left and in the back inside the Capitol. Is that you? A Fifth Amendment. Q Mr. Fuentes, | believe you've commented publicly claiming that that's not 10 ul 38 you, so I'm trying to give you an opportunity to say on the record whether that's you or not. The Witness. Tom? Mr. Durkin, Yeah, The Witness. Fifth Amendment or should | answer? Mr. Durkin, Oh, | mean, if you want to talk to me, we can talk, but I 0111 tke to take break? Mr. Durkin, Yes. The Witness. No, it's yeah, okay, we could doit. Sure, TE 2). eit go off the record at 3:07 p.m. [Discussion off the record.} 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 39 [3:08 p.m.] PE 22's 0 back on the record at 3:08, Please go ahead. Mr. Durkin, | represent to the committee that that is not Mr. Fuentes in that, an HER 1:20 you, Mir. Durkin. a Q_ Mr. Fuentes, you said earlier that - well, you raised the Fifth Amendment in response to my question of whether you entered the Capitol. Were you outside the Capitol -— A Fifth Amendment. Q_—~ onthe Capitol Grounds? Okay. Were you speaking to your supporters outside the Capitol? A Fifth Amendment. Q Were you communicating with any of the organizers or individuals associated with Stop the Steal at this point? A Fifth Amendment. Q Mr. Fuentes, did you livestream from outside the Capitol on the Capitol Grounds? A Fifth Amendment. Q How much money did you make off of your livestreams on January 6th? A Fifth Amendment. Q_— Mr. Fuentes, moving on to the next day, | would like to ask you about your livestream on January 7th, 2021. Did you advise any people to hide their conduct on 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 40 January 6th? A Fifth Amendment. Q Did you suggest that you feel responsible for some of the events of January 6th? A Fifth Amendment. Q Do you feel responsible? A Fifth Amendment. Q Mr. Fuentes, also on the same day {EI could you bring up exhibit 14, please? Mr. Fuentes, on January 7th, 2021, you tweeted, quote, "The Capitol siege was fucking awesome and I'm not going to pretend it wasn't," end quote. What was awesome about the Capitol siege? A Fifth Amendment. Q Was anyone asking you to pretend it wasn't? A Fifth Amendment. Q Weean take the exhibit down. Thank you. Mr. Fuentes, at the 2021 America First Political Action Conference in February of 2021, you said the following: Quote, "While | was there in D.C. outside of the building and | saw hundreds of thousands of patriots surrounding the U.S. Capitol Building and | saw the police retreating" - and you later said to yourself ~ you later said, quote, "l said to myself, this is awesome," end quote. You went on to say, quote, "To see that Capitol under siege, to see the people of this country rise up and mobilize to D.C. with the pitchforks and the torches, we need a little bit more of that energy in the future," end quote. What's the energy that you think we need in the future? 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 a A Fifth Amendment. Q _ Did Patrick Casey distance himself from you at that time? A Fifth Amendment. Q Mr. Fuentes, have you been interviewed by the FBI or any other Federal law enforcement officials in connection with January 6th? A __ Fifth Amendment. TR (1. Durkin, 1m not sure | understand. Mr. Durkin. Well, I'm not sure | understand the basis of the question either. | mean, if you know something | don't know -- as far as | know, he hasn't been, but I'm not following the ~~ HR) ell, thank you, Mr. Durkin. You just provided an answer to the question. | didn't understand the assertion of the Fifth Amendment in response to that question. But you confirmed that he has not been interviewed by Federal law enforcement in connection with January 6th. Is that correct? Mr. Durkin. As far as | know, | believe -- can we talk? Can | speak to him? eo Mr. Durkin. | think I-- go ahead. I'm sorry. TE 2 | pcview my next question? Mr. Durkin. Sure, Mr. Fuentes, have you turned over any records or devices to Federal law enforcement in connection with January 6th or since January 6th, 2021? And if you would like to take a minute to discuss, we can go off the record at 3:13 p.m Mr. Durkin, Thank you, 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 42 [Discussion off the record.] RR 2. We'll go back on the record at 3:15 p.m. Mr. Durkin, [EEE | can represent that he has, to his knowledge, not been interviewed by any law enforcement, Federal law enforcement or any law enforcement, or turned over any of his devices or anything else. So, unless somebody was in his house under 2333 or whatever or the intelligence community is more clever than I think, as far as | know, the answer is no to that. But that's my representation. PE 21,211 take that answer. thanks, Mr, Durkin. Q Mr. Fuentes, Patrick Casey around February 2021 suggested that he believed that the FBI was attempting to infiltrate your movement. Did you have the same concerns? A Fifth Amendment. Q Did you see any evidence of law enforcement infiltration in your movement or at your events? A Fifth Amendment. Q Okay. | | Let me pause there and see if any of my colleagues or any members who are on have questions. Okay. Q Hearing none, Mr. Fuentes, | would like to take a step back and zoom out from January 6th for alittle bit. You decided to become an activist at a young age. Can you tell me about why? 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 =) = DO A 43 Fifth Amendment. Mr, Fuentes, what does America First mean to you? Fifth Amendment. What do you hope it means to other people? Fifth Amendment. You attended the Unite the Right rally in Charlottesville in 2017, correct? Fifth Amendment. Okay. What are you doing here? | mean, that's, you know, 5 years ago. MEME. burn, ren nt sure understand the scope ofthe assertion there, but I'm not going to belabor that point. Mr. Durkin, Well, | could explain it if you want, but | don't think it's worth belaboring either. Obviously, there could be a connection between people involved in that and January 6th, you know. — Q Mr. Fuentes, what, in your opinion, are the biggest threats facing American society today? A Fifth Amendment. Q What does the "Great Replacement" theory or idea mean to you? A Fifth Amendment. Q What do you think the American people should do about it? A Fifth Amendment. Q What do you want the government to do about it? A Fifth Amendment. Q You've been critical of the Republican Party. Why is that? 10 ul 2 3B 14 45 16 v 18 1s 20 24 22 23 24 25 44 A Fifth Amendment. Q Did Trump get things right that the Republican Party didn't? A Fifth Amendment. Q_— Mr. Fuentes, is violence against the government ever justified? A Fifth Amendment. What do you think of the Trump Presidency? a A Fifth Amendment. a Do you think your goals are aligned with Donald Trump's? A Fifth Amendment. Q Are there particular things that Donald Trump did or said that might've sparked your support for him? A Fifth Amendment. Q Are there other politicians you support? A Fifth Amendment. Q Canyou talk to me about your media sources, what kind of media you consume? A Fifth Amendment. | Mr. Fuentes, let me just pause there and see if any of my colleagues have questions. And | would like to note for the record, | apologize | didn't notice that our colleag uA, 2 professional staff member, joined the meeting, Mr. Fuentes, Mr. Durkin, we are reaching the conclusion. We have not quite finished yet. But | would like to just take a S-minute break to consult with my colleagues to see if there are any loose ends that need to be tied up. And then we can return for the last set of questions. 10 ul 2 3B 14 45 16 v 18 1s 20 24 2 23 24 25 45 Mr. Durkin, Yep. That's fine. TE

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